DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD Vs. GUNASEKARAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed challenging the judgment and decree passed by the learned Principal Subordinate Judge, (Motor Accidents Claims Tribunal), Thanjavur, in MCOP No.556 of 2008 dated 29.02.2012.

(2.) Heard the learned Counsel appearing on either side and perused the records carefully.

(3.) It is the case of the 1st respondent/claimant that on 05.07.2007, he along with his minor son namely, Santhoshkumar were travelling in a Auto bearing registration No.TN-49-C-4770. While they were returning from Thirumalaisamuthiram, after worship at Bagavathi Amman Koil, near Thanjavur Sastra College, a Lorry bearing registration No.TN-45-C-6077 belonging to the 2nd respondent insured with the appellant came in a rash and negligent manner and hit the Auto, in which, the claimant sustained grievous injuries. The appellant filed counter disputing the manner of accident. The Tribunal considering the oral and documentary evidence adduced on either side held that the driver of the Lorry was responsible for the accident and awarded compensation of Rs. 75,000/- with 7.5% interest per annum from the date of claim. Aggrieved by the said award, the insurance company has filed this appeal challenging the liability and quantum.